Participation in a Criminal Organisation in Greece: Legal Framework, Risks and Defence Considerations

Written on 29/06/2026. Posted in Insights.

Understanding Article 187 of the Greek Criminal Code and Its Growing Importance in Complex Criminal Investigations

Allegations of participation in a criminal organisation are among the most serious accusations that can be brought under Greek criminal law. In practice, prosecutors frequently invoke criminal organisation charges not only in cases involving organised crime in the traditional sense, but also in investigations concerning drug trafficking, fraud, corruption, smuggling, financial crime and other forms of coordinated criminal activity.

For defendants, the consequences can be significant. Criminal organisation charges often lead to broader investigations, more extensive surveillance measures, pre-trial detention and substantially increased sentencing exposure.

At the same time, participation in a criminal organisation is not established merely because several individuals are accused of committing offences together. Greek law imposes specific legal requirements that must be satisfied before a criminal organisation can be found to exist.

What Is a Criminal Organisation Under Greek Law?

The principal provision is Article 187 of the Greek Criminal Code.

A criminal organisation is generally understood as a structured and ongoing group of three or more persons acting together with the purpose of committing serious criminal offences.

Several elements must therefore coexist:

a group of at least three persons;
a degree of structure or organisation;
continuity over time;
a common criminal purpose;
the intention to commit offences specified by law.

The existence of these elements must be proven by the prosecution.

The mere commission of a crime by multiple persons does not automatically create a criminal organisation.

Is Every Group Crime a Criminal Organisation?

No.

This distinction is often decisive.

Greek courts have repeatedly recognised that there is a difference between:

simple co-perpetration of an offence;
a temporary criminal partnership;
a criminal organisation within the meaning of Article 187.

For example, several individuals who jointly commit a single offence do not necessarily form a criminal organisation.

The prosecution must establish something more than mere cooperation.

Evidence of structure, continuity and organised criminal activity is typically required.

What Does “Structure” Mean?

The law does not require a rigid hierarchy comparable to a military or corporate organisation.

However, the prosecution generally seeks to demonstrate factors such as:

division of roles;
coordination of activities;
planning mechanisms;
decision-making structures;
continuity of operations.

Modern criminal organisations may be relatively informal while still satisfying the statutory requirements.

The assessment depends on the facts of each case.

Which Offences Commonly Lead to Criminal Organisation Charges?

Criminal organisation allegations frequently arise in investigations involving:

drug trafficking;
migrant smuggling;
human trafficking;
large-scale fraud;
money laundering;
corruption;
extortion;
weapons offences;
organised theft networks;
cybercrime operations.

In practice, Article 187 is often used as a strategic prosecutorial tool because it allows investigators to examine the broader network surrounding the alleged offences.

Why Do Prosecutors Frequently Add Criminal Organisation Charges?

The addition of Article 187 charges can significantly alter the dynamics of a case.

Among other things, it may:

increase sentencing exposure;
justify broader investigative measures;
strengthen arguments for pre-trial detention;
facilitate international cooperation;
support money laundering allegations;
expand the scope of asset investigations.

For this reason, criminal organisation allegations often become one of the central battlegrounds in serious criminal cases.

What Evidence Is Typically Relied Upon?

The prosecution may rely upon a wide range of evidence, including:

telecommunications data;
intercepted communications;
surveillance reports;
witness statements;
financial records;
digital communications;
travel records;
seized documents;
electronic devices.

Increasingly, investigators seek to reconstruct relationships and patterns of communication between alleged participants.

However, regular communication between individuals does not automatically establish the existence of a criminal organisation.

The prosecution must demonstrate the specific statutory elements required by Article 187.

Can Someone Be Convicted Without Personally Committing the Main Offence?

Potentially, yes.

One of the most important aspects of criminal organisation cases is that liability may arise from participation in the organisation itself.

The prosecution may argue that a defendant:

joined the organisation;
supported its activities;
contributed to its operation;
knowingly participated in its criminal objectives.

As a result, criminal exposure may arise even where the defendant is not alleged to have directly committed every offence attributed to the group.

This is one reason why Article 187 prosecutions are often particularly complex.

Criminal Organisations and Financial Crime

Although criminal organisation charges are often associated with drug trafficking and organised crime, they increasingly appear in financial crime investigations.

Examples may include allegations concerning:

investment fraud schemes;
VAT fraud networks;
large-scale tax evasion operations;
corruption schemes;
money laundering structures.

In such cases, prosecutors often argue that the organisational structure itself demonstrates a criminal enterprise rather than isolated unlawful conduct.

Criminal Organisations and Money Laundering

Criminal organisation allegations frequently coexist with money laundering charges.

This is because organised criminal activity often generates financial proceeds that subsequently become the subject of laundering investigations.

Where Article 187 allegations are involved, authorities commonly seek:

financial intelligence;
banking records;
beneficial ownership information;
asset tracing investigations;
freezing orders.

As a result, defendants may face both criminal liability and significant asset-related consequences.

Pre-Trial Detention in Criminal Organisation Cases

Participation in a criminal organisation is one of the offences most frequently associated with pre-trial detention.

Courts may consider:

the seriousness of the allegations;
the alleged organisational structure;
the risk of reoffending;
the possibility of interference with evidence;
international connections.

However, detention is never automatic.

The statutory requirements governing pre-trial detention must still be satisfied in every individual case.

International and Cross-Border Investigations

Many modern criminal organisation investigations involve multiple jurisdictions.

Cases frequently include cooperation between:

Greek prosecutors;
foreign judicial authorities;
Europol;
Eurojust;
the European Public Prosecutor’s Office (EPPO);
international law enforcement agencies.

Cross-border evidence gathering has become increasingly common, particularly in cases involving financial crime, drug trafficking and cybercrime.

Common Defence Issues

Although every case is different, certain issues repeatedly arise in criminal organisation prosecutions.

Lack of Organisational Structure

The alleged group does not satisfy the statutory requirements of Article 187.

Absence of Continuity

The conduct concerns isolated or temporary cooperation rather than an ongoing organisation.

Lack of Knowledge

The defendant was unaware of any broader criminal objective.

Misinterpretation of Communications

Telephone records and electronic communications may be susceptible to alternative explanations.

Insufficient Evidence of Participation

The prosecution cannot establish meaningful involvement in the alleged organisation.

Unlawful Investigative Measures

Questions may arise concerning surveillance, interceptions and evidence collection procedures.

These issues frequently become central to the defence strategy.

Why Early Legal Representation Matters

Criminal organisation investigations are often built long before arrests occur.

By the time a suspect becomes aware of the case, investigators may already have collected:

months of surveillance data;
telecommunications evidence;
financial records;
witness testimony.

Early legal intervention can help identify procedural weaknesses, analyse the evidentiary framework and develop a coherent defence strategy before the case progresses further.

Conclusion

Participation in a criminal organisation is one of the most serious offences under Greek criminal law. However, the offence requires proof of specific legal elements that extend beyond mere participation in criminal conduct.

The prosecution must establish the existence of a structured and ongoing criminal enterprise and demonstrate the defendant’s knowing participation in that enterprise.

Given the severe consequences associated with Article 187 prosecutions—including increased penalties, pre-trial detention, international cooperation measures and asset freezing—careful legal analysis of both the factual and legal foundations of the allegations is essential.

Frequently Asked Questions

How many people are required for a criminal organisation?

Generally, at least three persons must be involved.

Does participation require committing the underlying offence?

Not necessarily. The prosecution may allege participation in the organisation itself, provided the statutory requirements are satisfied.

Can a fraud case involve criminal organisation charges?

Yes. Criminal organisation allegations increasingly arise in large-scale fraud, corruption and financial crime investigations.

Are criminal organisation cases linked to money laundering?

Frequently. Organised criminal activity often generates proceeds that become the subject of money laundering investigations.

Is pre-trial detention common in criminal organisation cases?

It is relatively common, particularly where the prosecution alleges an ongoing criminal structure or significant criminal activity. However, detention must always satisfy the legal requirements established by Greek law.

About the Authors

Karydas – Fouskarinis & Associates represents Greek and international clients in organised crime investigations, financial crime cases, money laundering proceedings, extradition matters and complex criminal litigation. The firm regularly advises individuals facing allegations under Article 187 of the Greek Criminal Code and related cross-border investigations.